011 475 2845 law@leeuwmar.co.za

Enforceability of Separation Agreements

This means that no dismissal has occurred and therefore the subsequent right to proceed with CCMA and/or Labour Court cases have been waived. These agreements are utilised to a much lesser extent than they ought to be due to the fact that negotiations on these...

Commuting Time vs Labour Time

Recently a European court has ruled that the time you spend travelling to work and back can be now be counted as actual work. The court ruled that train and bus delays, overly full carriages, traffic jams and the like, are just some of the things commuters have to put...

National COSATU Strike – 7 October 2016

COSATU has announced a one-day National Strike on Friday, 7 October 2016. The strike will constitute a protected protest action, as COSATU has complied with Section 77 of the Labour Relations Act, as confirmed by NEDLAC. Section 77, as mentioned above, provides for...

Deviations from Disciplinary Codes

The Labour Court recently had the opportunity to determine whether a deviation from an employers’ disciplinary code renders the subsequent disciplinary proceedings unfair. In Broadcasting, Electronic, Media & Allied Workers Union and others vs South African...

Retrenchment based on Poor Performance

But what if an employer wants to retrench the poor performers and keep the star performers. Would the inclusion of performance appraisals be fair in the circumstances when selecting employees for retrenchment? The courts recently had the opportunity to revisit the...